Ex (Quizlet 1) (pt3) Flashcards
Which case pertains to locality rule or standard?
Small vs Howard
Which case pertains to national or professional rule or standard?
Brune vs Belinkoff
When is expert medical testimony needed?
In situations beyond the understanding of the average laymen
What kind of situations is expert testimony probably not needed?
Infection
Slight scarring
When “the thing speaks for itself”
What does Res Ipsa Loquitur mean?
“The thing speaks for itself”
Laymen would understand
Expert testimony not required
What are the three conditions for Res Ipsa Loquitur?
**Event would not ordinarily occur without negligence
Apparent/presumptive cause was within exclusive control of defendant
No negligence on the part of the plaintiff
What are some examples of Res Ipsa Loquitur?
Wrong limb or body part
Wrong patient
Explosion or fire
Foreign body left in patient
Quote of J. Cardozo, SCHLOENDORFF
“Every human being of adult years and sound mind has the right to determine what shall be done with his own body.”
What are the two sides of informed decision making?
Informed consent
Informed refusal
What are the elements of informed decision making?
Decision making ability Information Voluntariness Agreement/Request Declination/Refusal
What are the two components of decision making capacity?
Legal age
Ability to take-in, process, and communicate information
When a patient is making an informed decision, what information do they need?
The procedure
Risks
Benefits
Alternatives - including likely effects of no medical intervention
What must the information being given to the patient be?
Patient centered?
Voluntariness
Consent nor refusal can be coerced and be volunary; either can be influenced and be voluntary
What are the ways surrogate’s make decisions?
Patient’s best interest
Surrogate’s substituted judgement
What are the interests important to the States?
Preservation of life
Prevention of suicide
Protection of innocent third parties
Protection of the ethical integrity of healthcare professionals
When is consent not required?
Emergency Therapeutic privilege Treatment ordered by court Treatment required by law Non consensual treatment permitted by law
What are the components of required care for military members?
Emergency medical care - life or limb Certain immunizations Isolation and quarintine Detention on closed wards Medical care related to mental disorders Diagnostic procedures Physical examinations
What does the Patient Self-Determination Act apply to if receiving Medicare or Medicaid?
Hospitals Nursing facilities Home health care organizations Hospices HMOs
What does the Patient Self-Determination Act require?
That patients be told about their right to refuse care and their right to execute advance directives
What are examples of advance directives?
DNR orders
Durable powers of Attorney
Living Wills
What is a “creature of common law?”
Power of Attorney
What does a Power of Attorney require of the attorney-in-fact?
Must have legal capacity
When does a Power of Attorney become effective?
On the date stated
